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Traffic Offences

Drink Driving Offences

The law prohibits driving under the influence of alcohol. However, specific charges vary depending on a number of factors such as your level of intoxication and the status of your licence.

Novice Range Drink Driving

A person is guilty of Novice Range PCA if the person is a holder of a learners or provisional license and is caught driving with a blood alcohol concentration above 0.00 and below to 0.020. The penalty for this charge varies from case to case depending on a number of factors. However, the starting point in sentencing would be to record a criminal conviction, and 6 months disqualification from driving.

Can I be charged with novice range drink driving?

Any driver that is subject to a zero-alcohol limit can be charged with a Novice Range PCA charge.

Usually, holders of provisional and learners driving licences are charged with this offence. However, people who are driving while suspended or are subject to strict licence conditions may also be charged with Novice Range PCA.

Will I get a criminal record for a Novice Range Driving PCA charge?

It is likely that a criminal conviction will be recorded. The courts have consistently emphasized that drink driving is a serious offence within the community. Accordingly, sentencing in such cases is intended to convey a strong deterrent message to the public. The starting point for sentencing typically includes the recording of a criminal conviction, along with the imposition of a fine and a period of licence disqualification. Offences in the novice range PCA category are considered particularly serious, given that they apply to drivers who are subject to a strict zero blood alcohol limit.

Is it possible to avoid a criminal conviction for a Novice Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

Will I need a lawyer to represent me for a Novice Charge PCA?

If you are concerned about receiving a criminal conviction or losing your licence, it is strongly recommended that you seek legal representation in court. An experienced solicitor has in-depth knowledge of the law and the strategies that may help reduce your penalty, potentially avoiding a criminal conviction and assisting you in retaining your driver’s licence.

Special Range Drink Driving

The offence of Special Range PCA is committed when a person drives a vehicle with a blood alcohol concentration between 0.02 and 0.049. The maximum penalty for this offence varies depending on several factors, including whether it is a first-time or repeat offence. Sentencing ordinarily involves the recording of a criminal conviction, the imposition of a fine, and a period of licence disqualification. For a first-time offender, the automatic disqualification period is six months, while for a repeat offender, it increases to 12 months.

Can I be charged with Special Range PCA charge?

An individual who is subject to a zero-alcohol limit may be charged with a Novice Range PCA offence. This offence typically applies to learner and provisional licence holders. However, it can also apply to individuals who are driving while suspended or are subject to strict licence conditions. Additionally, bus and taxi drivers who are generally required to adhere to a 0.02 blood alcohol limit while operating a vehicle may also be charged under this category if they exceed the permitted level.

Will I get a criminal record for a Special Range Driving PCA charge?

It is likely that a criminal conviction will be recorded. The courts have consistently emphasized that drink driving is a serious offence within the community. Accordingly, sentencing in such cases is intended to convey a strong deterrent message to the public. The starting point for sentencing typically includes the recording of a criminal conviction, along with the imposition of a fine and a period of licence disqualification. Offences in the special range PCA category are considered particularly serious, given that they apply to drivers who are subject to a strict zero blood alcohol limit.

Is it possible to avoid a criminal conviction for a Special Range PCA charge?

Is it possible to avoid a criminal conviction for a Special Range PCA charge?
Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

Will I need a lawyer to represent me for a Special Range Charge PCA?

Low Range Drink Driving

The offence of Low Range PCA is committed when an individual drives a vehicle with a blood alcohol concentration between 0.05 and 0.079. The maximum penalty for this offence depends on various factors, including whether the person is a first-time or repeat offender. The starting point for sentencing generally involves the recording of a criminal conviction, the imposition of a fine, and a licence disqualification for a period of six months.

Will I get a criminal record for Low Range PCA charge?

Is it possible to avoid a criminal conviction for a Low Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

How to Respond if You Have Breached Bail Conditions?

Mid-Range Drink Driving

The offence of Mid-Range PCA is committed when a person drives a vehicle with a blood alcohol concentration between 0.08 and 0.149. If convicted, an outcome that is highly likely, the maximum penalty for a first-time offender is imprisonment for up to 9 months and a fine of 20 penalty units. Upon conviction, the automatic licence disqualification period is 6 months, and the offender is required to participate in the interlock program for 12 months. If the court grants an exemption from the interlock requirement, a mandatory licence disqualification of 12 months applies.
For repeat offenders, the penalties increase significantly. The maximum penalty is 12 months’ imprisonment, a fine of 30 penalty units, and a licence disqualification of up to 9 months, along with mandatory participation in the interlock program for 24 months. If an interlock exemption is granted in the case of a repeat offender, a mandatory disqualification period of 3 years applies.

Will I get a criminal record for a Mid-Range PCA charge?

Courts generally regard all levels of drink driving as serious offences. However, mid-range drink driving is treated with significantly greater severity than low-range offences, due to the higher concentration of alcohol in the offender’s system. In cases of mid-range PCA, the starting point for sentencing typically includes the recording of a criminal conviction. For a first-time offender, this is usually accompanied by a licence disqualification of up to 6 months and participation in the interlock program for 12 months. For repeat offenders, the penalties are more severe, with a licence disqualification of up to 9 months and mandatory participation in the interlock program for 24 months.

Is it possible to avoid a criminal conviction for a mid-range PCA charge?

In certain circumstances, it may be possible to avoid a criminal conviction for a mid-range PCA offence. The court may consider it inappropriate to record a conviction and instead choose to deal with the matter by way of a Section 10(1)(a) non-conviction order or a Section 9(1)(b) Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999.
Note: Under Section 203 of the Road Transport Act 2013, a person may only receive one non-conviction order—including a Section 9(1)(b) order—for a drink driving offence within a five-year period.

Is it possible to avoid having my license disqualified for a Mid-Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the court elects to deal with the matter by way of a Section 10(1)(a) non-conviction order or a Section 9(1)(b) Conditional Release Order under the Crimes (Sentencing Procedure) Act 1999. In such cases, no conviction is recorded and you will not lose your licence.

What is an Interlock Order?

An interlock order is a directive imposed by the sentencing court. It involves a period of licence disqualification, followed by a requirement to obtain an interlock driver’s licence and participate in the interlock program for a specified duration.
Participation in the interlock program requires you to:
·         Attend your general practitioner for an assessment and obtain a Drink-less medical certificate, which must be completed within the last four weeks of your disqualification period;
·         Have an approved provider install an interlock device in your vehicle;
·         Blow into the interlock device and register a zero blood alcohol reading each time you start your car;
·         Provide random breath samples while driving, registering a zero alcohol reading; and
·         Drive only the vehicle equipped with the interlock device for the entire duration of the program.
If alcohol is detected in your breath, the vehicle’s engine will shut off and will not restart. The device logs all such events, which can be accessed by police and may lead to further legal consequences.
Failure to comply with the interlock order, or not being granted an exemption by the court, will result in a licence disqualification period of five years.

Are there any exemptions from the interlock order?

Yes, but you must show the court that satisfy an order of such type will cause great hardships to you.

Will I need a lawyer to represent me for a Mid-Range PCA Charge?

It is important to remember that, although drink driving may sometimes be perceived as a minor offence, the courts treat it very seriously, particularly in mid to high-range cases. Facing such charges can be frightening, especially for those unfamiliar with the criminal justice system. An experienced lawyer brings extensive knowledge of the law and effective strategies that may help mitigate your sentence, guiding you towards the best possible outcome.

High Range Drink Driving

Mid-Range Drink Driving

Will I get a criminal record for a Mid-Range PCA charge?

Is it possible to avoid a criminal conviction for a mid-range PCA charge?

Is it possible to avoid having my license disqualified for a Mid-Range PCA charge?

Refuse Breath Analysis

A person is guilty of refusing to submit to breath analysis if they were driving a vehicle, returned a positive result on a breath test, and then refused to provide a further breath analysis without a reasonable excuse.

Will I get a Criminal Record for a Refuse Breath Analysis Charge?

Yes, the courts and legislature regard this offence as extremely serious. The penalties for refusing a breath analysis are the same as those for a high-range PCA offence. This approach aims to prevent individuals from refusing a breath test in the hope of receiving a lesser penalty when they know they are significantly over the legal limit. The penalties are severe and may include a custodial sentence, which will be accompanied by a recorded criminal conviction.

Is it possible to go to Jail for a High Range PCA Charge?

Yes, it is not uncommon for courts to impose a custodial sentence for a Refuse Breath Analysis charge. However, the decision to impose imprisonment depends on various factors, which are considered on a case-by-case basis. These factors include whether a collision occurred, the offender’s traffic record, the objective seriousness of the offence, and the personal circumstances of the offender.

Will I Need a Lawyer to Represent me for a Refuse Breath Analysis Charge?

Will I Need a Lawyer to Represent me for a Refuse Breath Analysis Charge?
The offence of refusing a breath analysis is considered very serious, and sentencing will reflect its seriousness. It is important to understand the potential consequences of a harsh sentence, including the possibility of imprisonment. Facing such charges can be intimidating, especially for those unfamiliar with the criminal justice system. An experienced lawyer has extensive knowledge of the law and strategies that may help mitigate your sentence, guiding you towards the best possible outcome.

Drug Driving

Drug driving is unlawful in NSW. A person does not need to be impaired by drugs to be charged with a drug driving offence. It is sufficient that a prescribed illicit drug is detected in their system while they are driving.

There are two primary drug driving offences under NSW law:

Driving Under the Influence (DUI) of Drugs – This offence applies where a driver is noticeably impaired due to drug use, and the impairment can be proven through their behaviour or condition. Sentences for this offence are usually more serious than other drug driving offences.
Driving with an Illicit Drug Present in Oral Fluid, Blood or Urine – This offence occurs when a person drives with a detectable amount of an illicit drug in their system, regardless of whether they appear impaired. Commonly detected drugs include cannabis (THC), methamphetamine, MDMA (ecstasy), and cocaine.

Driving Under the Influence (DUI) – Drugs

Novice Range Drink Driving

Can I be charged with novice range drink driving?

Will I get a criminal record for a Novice Range Driving PCA charge?

Is it possible to avoid a criminal conviction for a Novice Range PCA charge?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

Will I need a lawyer to represent me for a Novice Charge PCA?

Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine

In New South Wales, it is an offence to drive with a prescribed illicit drug detected in your system, even if you are not visibly impaired. This is commonly known as drug driving, and it falls under section 111 of the Road Transport Act 2013 (NSW).

Will I get a criminal record for Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine?

It is possible to avoid a criminal conviction. As outlined above, this offence does not involve a person’s functions being impaired by drugs, it is enough that the drug is detected in one’s breath or blood/urine sample. Therefore, the court’s recognise that this offence is less serious than DUI (Driving Under the Influence).

Is it possible to retain my licence if I am guilty of Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine?

Yes, it is possible for you to retain your licence if you successfully avoid a criminal conviction.

Is it possible to avoid a criminal conviction for Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine?

Yes, it may be possible to avoid a criminal conviction if the court decides to impose a Conditional Release Order (CRO), previously known as section 10.

Will I need a lawyer to represent me for Driving with an Illicit Substance Present in Oral Fluid, Blood, or Urine?

Driving Without a Valid License

A person must hold a valid licence to drive on any road or a road related area within NSW. It is an offence to drive without a valid drivers licence. The most common examples of driving without a valid drivers’ licence are:

• Driving suspended,
• driving disqualified,
• driving with a cancelled Licence
• Driving with an expired licence.

Will I get a criminal record for driving without a licence?

It is possible to avoid a conviction for driving without a valid licence if the court considers that the matter can be appropriately delt with by a section 10 or a conditional release order without a conviction.

Will I need a lawyer to represent me for driving under the influence?

Can I go to jail for driving without licence?

Yes, individuals do receive sentences of imprisonment for driving without a licence. This is especially the case for repeat offenders or in situations where the driver is driving in an erratic manner on the road.

Drivers Licence Appeals

The suspension or loss of a driver licence can have serious consequences, including adverse effects on employment and the ability to care for dependants such as children and elderly relatives. As traffic law, particularly in relation to licence appeals, is a complex and technical area, it is essential to obtain legal advice from experienced traffic lawyers who can consider your individual circumstances and assist in achieving the best possible outcome.

A driver’s licence can be suspended either as a result of incurring a large number of demerit points, or as a result of committing a serious traffic offence.

In certain situations, an individual will have the ability to appeal the decision to suspend their licence.

Overall, there are two types of suspensions that can be imposed:

RMS Suspension
Immediate police suspension

FAQ

RMS suspensions

Roads and Maritime Services (RMS) is the statutory authority responsible for driver licensing in New South Wales. Its functions include the issuing and suspension of driver licences and the maintenance of infringement and demerit point records. RMS may issue a licence suspension notice in certain circumstances. Upon receipt of such a notice, it is essential to determine whether an appeal is available and to act within the prescribed time limits.

Police Suspensions

In some cases, a police officer can suspend a drivers licence on the spot. This takes place in situations where a person is stopped by police as a result of committing a serious driving offence such as:
• Reckless/Dangerous Driving
• Street Racing
• Driving under the influence of drugs
• Driving under the influence of alcohol
• Exceed speed by more than 45km/h

RMS Licence Appeals

Appealing an RMS-imposed suspension can be a complicated process that requires the gathering of extensive evidence in support of the appeal. The team at Krayem and co lawyers have a dedicated team for traffic offences with extensive experience in successfully seeking the return of drivers licences.

What Decisions can I appeal?

It is important to note that not every type of suspension is appelable. In some situations, the law does not allow a person to appeal the decision to suspend their licence. This will depend on a number of factors including the type of drivers licnce held by the person. The following decisions can be appealed in court:

Provisional licence holders
• RMS suspension for exceeding the demerit points threshold
• RMS suspension for exceeding the speed limit by over 30km/h or over 45km/h.
• RMS suspension for a prescribed offence such as drug driving.

Unrestricted licence holders
• RMS suspension for exceeding the speed limit by over 30km/h or over 45km/h.
• RMS suspension for a prescribed offence such as drug driving.

It is important to note that unrestricted licence holders do not have the right to appeal a suspension imposed as a result of exceeding the demerit points threshold.

How do I appeal my suspension

You will have received notice from the RMS by way of a letter advising you that your licence will be suspended for a period of time. You must lodge your application with the court of your choice within 28 days of receiving the suspension notice. You will usually be asked to provide the date of notice and some personal information. This process can be done online or by attending the registry of the closest court to your residence.

How will the Court determine my appeal

The court will consider a number of factors prior to making a decision in respect of your appeal. These include:

• Whether you are a fit and proper person to hold a licence.
• Whether the community will be endangered by you being in possession of a valid licnece.
• The circumstances of the offences giving rise to the suspension.
• Your traffic record.
• Your need for a licence.
• Any steps you have taken since the commission of the offences giving rise to the suspension.

What are the possible outcomes for an RMS licence appeal

The court can deal with your appeal in one of three ways.

• The appeal is upheld.
This means that the court will allow you to maintain your drivers licence without suffering any period of suspension.

• The suspension is varied
This means that the court still imposes a period of suspension, but that period is less than the period originally imposed by the RMS.

• The appeal is dismissed
This means that the court dismisses your appeal and upholds the decision of the RMS. In this case, you will be required to serve the period of suspension imposed by the RMS.

Immediate Police Suspension Appeals

A police officer has the authority to issue an immediate suspension notice when issuing a penalty notice or a Court Attendance Notice for serious traffic offences.

What offences can attract an immediate licence suspension

• Drink driving offences
• Drug driving offences
• An offence of exceeding the speed limit by more than 45km/h.
• An offence of exceeding the speed limit by more than 30km/h for provisional licence holders.

Can I appeal the decision of a police officer to suspend my licence

Yes, the decision of a police officer to suspend a drivers licence can be appealed.

What are the possible outcomes for an appeal against an immediate licence suspension

The court can deal with your appeal in one of two ways.
• Uphold the appeal.
This means that the court will allow you to maintain your drivers licence without suffering any period of suspension.

• Dismiss the appeal
This means that the court dismisses your appeal and upholds the decision of the RMS. In this case, you will be required to serve the period of suspension imposed by the RMS.

How will the Court determine my appeal?

What are exceptional circumstances?

In determining the existence of exceptional circumstances, the Court may have regard to the applicant’s need for a driver licence, the hardship occasioned by the suspension, the potential risk to the community if the order is made, and any other relevant matter. The Courts, however, apply a strict construction of “exceptional circumstances,” and authorities confirm that loss of employment resulting from licence suspension, on its own, is insufficient to meet this threshold.

How do I appeal my suspension?

You will have received notice from the police by way of a document advising you that your licence is suspended. You must lodge your application with the court of your choice within 28 days of receiving the suspension notice. You will usually be asked to provide the date of notice and some personal information. This process can be done online or by attending the registry of the closest court to your residence.